## Facts

- Kiki Undies Corp., formed in 1956, marketed women’s undergarments using “Kiki” as the company name and as a product trademark.
- Kiki developed distinctive “Kiki” packaging and used “Kiki” across a line of women’s garments, including variants such as “Kiki Kontrol,” “Kiki Magic,” “Kiki Satinette,” and “Kiki Deluxe.”
- Kiki obtained federal trademark registration for “Kiki” for ladies’ panties in 1961 and claimed ownership of the related registered marks.
- Promenade Hosiery Mills, Inc., a competing seller of women’s garments, adopted and used “Kiki” as a mark on its products without Kiki’s consent.
- After an initial district court judgment dismissing Kiki’s claims and Promenade’s counterclaims, the court of appeals reversed and held that Kiki’s marks were valid and that Promenade’s use infringed.
- On remand, the district court entered an interlocutory judgment implementing the mandate, including injunctive relief and a procedure for determining monetary relief.

## Issues

1. How should the district court implement the appellate mandate declaring Kiki’s registered “Kiki” marks valid and infringed?
2. What permanent injunctive relief should issue to prevent continued infringement in the women’s apparel market?
3. How should profits and damages be determined under 15 U.S.C. § 1117, including whether any monetary award should be increased?

## Decision

- The court entered an interlocutory judgment declaring Kiki the lawful owner of the registered marks “KIKI,” “KIKI KONTROL,” “KIKI MAGIC,” “KIKI SATINETTE,” and “KIKI DELUXE,” and declaring the registrations valid.
- The court held that Promenade infringed by using “Kiki” as a trademark in commerce on women’s wearing apparel and garments without Kiki’s consent.
- The court issued a writ of perpetual injunction barring Promenade and related persons and entities from directly or indirectly infringing Kiki’s registered trademarks.
- The court ordered that Kiki recover Promenade’s profits for the infringing acts and appointed a special master to determine profits, actual damages, and whether any amount should be increased under § 1117.

## Legal Principles

- A federal registrant may obtain declaratory relief confirming validity and ownership of registered marks and may enjoin unauthorized use that constitutes trademark infringement in commerce.
- Permanent injunctive relief is an available remedy to prevent future infringement and resulting consumer confusion once infringement is established.
- Under 15 U.S.C. § 1117, a prevailing trademark plaintiff may recover the defendant’s profits and the plaintiff’s damages; the court may refer the accounting to a special master and may consider enhancement as permitted by the statute.
- On remand after an appellate mandate resolving liability, the district court’s role is to enter an operative judgment consistent with the mandate and to administer remedies, including injunctions and monetary accounting.

## Conclusion

The court implemented the prior mandate by declaring Kiki’s registered “Kiki” marks valid and infringed, permanently enjoining Promenade’s continued use, and ordering an accounting before a special master to quantify profits, damages, and any permissible increase under the Lanham Act.


Kiki Undies Corp. v. Promenade Hosiery Mills, Inc., 308 F. Supp. 489 (S.D.N.Y. 1969)